McINTOSH v. WIBBELER

No. 29301.

106 So.2d 195 (1958)

Isabel Strong McINTOSH, Appellant, v. John Ross WIBBELER, Appellee.

Supreme Court of Florida.

On Rehearing November 12, 1958.


Attorney(s) appearing for the Case

J.B. Patterson, Fort Lauderdale, for appellant.

Aldo Garcia, North Miami, for appellee.


DREW, Justice.

Upon motion to vacate the default judgment entered against appellant and her codefendants in this cause, the court below was called upon to determine the truth and validity of the sheriff's return showing personal service upon all defendants. There is some confusion in the evidence as to the parties' actual knowledge or notice of portions of the proceedings, and the default judgment apparently came about through an error in referring the matter to insurance...

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